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HomeMy WebLinkAboutO-1971-910 ~ . v .' ORDINANCE NO. .. 910 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY THE ADDITION OF A NEW CHAPTER, TO BE NUMBERED CHAPTER 10.5, AND TO BE ENTITLED "FLOOD HAZARD AREA REGULATIONS"; CONTAINING DEFINITIONS; SPECIFICALLY INCLUDING PROVISIONS RESTRICTING CONSTRUCTION IN FLOOD HAZARD AREAS; ESTABLISHING THE LA PORTE PLANNING AND ZONING COMMISSION AS THE AUTHORITY TO ESTABLISH AND PROMULGATE RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THIS ORDINANCE; PROVIDING FOR A PENALTY NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LAPORTE: Section 1. The Code of Ordinances of the City of La Porte, Texas, is hereby amende4 by adding a new chapter to be numbered thapter 10.5, and to be entitled "Flood Hazard Area Regulations," ~. and to contain sections which shall read as follows: Section 10~-1. Definitions. (a) Floodproofing. The term "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water, and sanitary facilities, structures, and contents of buildings. (b) Flood hazard area. The term "Flood hazard area" shall mean that area below the elevation of the 100-year flood. (c) Person. The term "Person" includes any individual or group of individuals, corporation, partnership, association, or any other organized group of persons, including State and local governments and agencies thereof. ,'. (d) 100-Year Flood. The term "lOO-Year Flood" means a flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average of every 100 years; the term also means that level of flooding having a one percent (1%) probability of occurrence each year. ." (e) Substantial improvement. The term "Substantial improvementh means any repair, reconstruction, or improvement of a property, the cost of which equals or exceeds 50 percent' of the fair market value of the property either (a) before the improvement is started, or (b) if the property has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any wall, ceiling, floor, or other structural part of the building commences. Section 1~5-2. Flood Hazard Area Regulations. (1) In flood hazard areas where the elevation of the lOO-year flood has been established, the following shall apply: ~-,. . ' (a) Proposed permanent structures within the flood hazard areas shall be required to have first floor elevations at or above the level of the 100-year flood. Exceptions may be granted by the Planning and Zoning Commission only for nonresidential structures which, together with attendant utility and sanitary facilities, are adequately floodproofed up to the level of the 100-year flood. . e Ordinance No. 910 , Page 2. :. (b) Existing nonconforming uses in the flood hazard area may be modified, altered, or repaired to incorporate floodproofing measure, but shall not be expanded. If such nonco~forming use 9r occupancy is discontinued for a period,0f more than one year, any subsequent use snaIl cop form. . , I (c) No area of the flood hazard area shall be developed for residential use unless structures are required to be elevated on piles, reinforced concrete piers, monolithic concrete foundations or other approved means of support to a first floor level above the 100-year flood, located behind the normal high tide level, and securely anchored. (d) The La Porte Planning and Zoning Commission shall have the authority, and it shall be the duty of said Commission to establish and promulgate rules and regulauions. governing the administration of this ordinance. .- (2) In flood hazard areas where the elevation of the 100-year flood has 'not been delineated, the following shall apply: Applications for building permits shall be reviewed on a case-by-case basis by the Inspection Department to assure that (a) building sites will be above the level of the 100-year flood, and (b) where the building site is in a location that may have a flood hazard, all new construction and substantial repairs, improvements, or alterations will be floodproofed in accordance with the minimum floodproof- ing criteria specified in the building code requirements. Section 2. Penalty Clause. Every structure placed or maintained in violation of this ordinance is deemed a public nuisance and the creation thereof may be enjoined~ and the maintenance thereof may be abated by the City of La Porte at its discretion or by a citizen of said city. An~ person who . places or maintains, or causes to be placed or maintained, any structure in violation of this ordinance may be punished by a fine not to exceed Two Hundred Dollars ($200.00) for each offense. Each day during which such violation exists is to be considered a separate offense. Section 3. Savings Clause. If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity .'. of the remaining provisions of this ordinance or their applica- tion to other persons or sets of circumstances and to this end ..,. .e. , . .' -- .~ { . Ordinance No. 910 , Page 3. all provisions of this ordinance are declared to be severable. Section 4. Repealing Clause. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this the 6th day of December, 1971. " <::l CITY OF LA PORTE, TEXAS BY~~~tI H. Car os Sm1th" ayor , "1 . .. ..' . ~~~. .., -'?~ AP~~~ City Attorney